Repayment of Notes. (a) In order for any Note, in accordance with its terms, to be repaid in whole or in part at the option of the holder thereof, such Note must be delivered by the holder thereof, with the form entitled “Option to Elect Repayment” (set forth in such Note) duly completed, to the relevant Paying Agent at the address set forth in such form, or at such place or places of which the Bank shall from time to time notify the holders of the Notes, not more than 60 nor less than 30 days prior to the date fixed for the repayment of such Notes (the “Optional Repayment Date”). (b) Upon surrender of any Note for repayment in accordance with the provisions set forth above and in such Note, the Note to be repaid shall, on the Optional Repayment Date, become due and payable, and the relevant Paying Agent shall pay or cause to be paid such Note on the Optional Repayment Date at a price, unless otherwise specified in such Note, equal to 100% of the principal amount thereof, together with accrued and unpaid interest to, but excluding, the Optional Repayment Date. (c) If less than the entire principal amount of any Note is to be repaid, the holder thereof shall specify the portion thereof (which shall be in increments of US$1,000 or the equivalent thereof in other currencies, or as otherwise provided in the applicable Note or required by the applicable laws and regulations for currencies other than the U.S. Dollar) which such holder elects to have repaid and shall surrender such Note to the relevant Paying Agent. The applicable Registrar or the London Issuing Agent, as the case may be, shall complete, authenticate and deliver to the holder of such Note, without service charge, a new Note or Notes in an aggregate principal amount equal to and in exchange for the unrepaid portion of the principal of the Note so surrendered and in such denominations as shall be specified by such holder, which shall be at least the minimum authorized denomination as set forth in such Note.
Appears in 2 contracts
Sources: Global Agency Agreement (Bank of America Corp /De/), Global Agency Agreement (Bank of America Corp /De/)
Repayment of Notes. (a) In order for any Note, in accordance with its terms, Note to be repaid in whole or in part at the option of the holder Holder thereof, the Fiscal Agent must receive, at its Corporate Trust Office as set forth in Section 27(ii) hereof, or at such other address as the Bank shall notify the Holders of the Notes, at least 45 but not more than 60 days (unless otherwise provided in the relevant Pricing Supplement) prior to the date or dates specified in the Applicable Pricing Supplement on which such Note must may be delivered by the holder thereofrepaid (each an “Optional Repayment Date”), (i) such Note with the form entitled “Option to Elect Repayment” (set forth in such Note) on the reverse thereof duly completed, to or (ii) a telegram, telex, facsimile transmission or letter from a member of a national securities exchange or the relevant Paying Agent at National Association of Securities Dealers, Inc. or a commercial bank or trust company in the address set United States setting forth in such form, or at such place or places of which the Bank shall from time to time notify the holders name of the NotesHolder of such Note, the principal amount of such Note to be repaid, the certificate number and description of the tenor and terms of the such Note, a statement that the option to elect repayment is being exercised thereby and a guarantee that the Note to be repaid with the form entitled “Option to Elect Repayment” on the reverse thereof duly completed will be received by the Fiscal Agent not more later than 60 nor 5 Business Days after the date of such telegram, telex, facsimile transmission or letter. If the procedure described in clause (ii) of the preceding sentence is followed, then such Note and form duly completed must be received by the Fiscal Agent by such fifth Business Day. Any tender of a Note by the Holder for repayment shall be irrevocable. The repayment option may be exercised by the Holder of a Note for less than 30 days prior to the date fixed entire principal amount of such Note provided that the principal amount of such Note remaining outstanding after repayment is an authorized denomination. Upon a partial repayment, such Note shall be cancelled and a new Note or Notes for the repayment remaining principal amount thereof shall be issued in the name of the Holder of such Notes (the “Optional Repayment Date”)repaid Note.
(b) Upon surrender of any Note for repayment in accordance with the provisions set forth above and in such Noteabove, the Note to be repaid shall, on the applicable Optional Repayment Date, become due and payable, and the relevant Paying Fiscal Agent shall pay or cause to be paid such Note on the applicable Optional Repayment Date at a price, unless otherwise specified in such Note, price equal to 100% (i) in the case of the principal amount thereof, together with accrued and unpaid interest to, but excludingNotes other than OID Notes, the Optional repayment price set forth for such optional Repayment DateDate in the applicable Pricing Supplement plus interest, if any, accrued to the date of repayment, or (ii) in the case of OID Notes (other than an Indexed Note), the Amortized Face Amount thereof.
(c) If less than the entire principal amount of any Note is to be repaidrepaid only in part, the holder Holder thereof shall specify the portion thereof (which shall to be in increments of US$1,000 or the equivalent thereof in other currencies, or as otherwise provided in the applicable Note or required by the applicable laws and regulations for currencies other than the U.S. Dollar) which such holder elects to have repaid and shall surrender such Note to the relevant Paying Agent. The applicable Registrar or the London Issuing Fiscal Agent, as and the case may be, Fiscal Agent shall complete, authenticate and deliver to the holder Holder of such Note, without service charge, a new Note or Notes having identical terms and conditions, in an aggregate principal amount equal to and in exchange for the unrepaid portion of the principal of the Note so surrendered and in such authorized denominations as shall be specified requested by such holder, which shall be at least the minimum authorized denomination as set forth in such NoteHolder.
Appears in 2 contracts
Sources: Fiscal Agency Agreement (Nordic Investment Bank), Fiscal Agency Agreement (Nordic Investment Bank)
Repayment of Notes. (a) In order for any Note, in accordance with its terms, to be repaid in whole or in part at the option of the holder thereof, such Note must be delivered by the holder thereof, with the form entitled “"Option to Elect Repayment” " (set forth in such Note) duly completed, to the relevant Paying Agent Registrar at the address set forth in such form, form or at such place or places of which the Bank shall from time to time notify the holders of the Notes, Notes not more than 60 nor less than 30 days prior to the date fixed for the repayment of such Notes (the “"Optional Repayment Date”").
(b) Upon surrender of any Note for repayment in accordance with the provisions set forth above and in such Note, the Note to be repaid shall, on the Optional Repayment Date, become due and payable, and the relevant Paying Agent shall pay or cause to be paid such Note on the Optional Repayment Date at a price, unless otherwise specified in such Note, equal to 100% of the principal amount thereof, together with accrued and unpaid interest to, but excluding, to the Optional Repayment Date.
(c) If less than the entire principal amount of any Note is to be repaid, the holder thereof shall specify the portion thereof (which shall be in increments of US$1,000 or the equivalent thereof in other currencies, or as otherwise provided in the applicable Note or required by the applicable laws and regulations for currencies other than the U.S. Dollar) which such holder elects to have repaid and shall surrender such Note to the relevant Paying Agent. The applicable Registrar London Issuing Agent or the Registrar, as the case may be, and the London Issuing AgentAgent or the Registrar, as the case may be, shall complete, authenticate and deliver to the holder of such Note, without service charge, a new Note or Notes in an aggregate principal amount equal to and in exchange for the unrepaid portion of the principal of the Note so surrendered and in such denominations as shall be specified by such holder, holder which shall be at least US$100,000 or an integral multiple of US$1,000 in excess thereof (or the minimum authorized denomination equivalent in other currencies), or as set forth otherwise provided, in such Notethe applicable Note or required by the applicable laws and regulations for currencies other than the U.S. Dollar.
Appears in 1 contract
Repayment of Notes. (a) In order for any Note, in accordance with its terms, to be repaid in whole or in part at the option of the holder thereofthereof prior to its stated maturity, such Note must be delivered by the holder thereof, with the form entitled “"Option to Elect Repayment” " (set forth in such Note) duly completed, to the relevant Global Agent or such other Paying Agent Agent, at the address set forth in such form, form or at such place or places of which the Bank shall from time to time notify the holders of the Notes, not more than 60 nor less than 30 days prior to the any date fixed for the such repayment of such Notes (the “"Optional Repayment Date”").
(b) Upon surrender of any Note for repayment in accordance with the provisions set forth above and in such Noteabove, the Note to be repaid shall, on the Optional Repayment Date, become due and payable, and the Global Agent or the relevant Paying Agent shall pay or cause to be paid such Note on the Optional Repayment Date at a price, unless otherwise specified in such Note, equal to 100% of the principal amount thereof, together with accrued and unpaid interest to, but excluding, to the Optional Repayment Date.
(c) If less than the entire principal amount of any Note is to be repaid, the holder thereof shall specify the portion thereof (which shall be in increments of US$1,000 or the equivalent thereof in other currencies, or as otherwise provided in the applicable Note or required by the applicable laws and regulations for currencies other than the U.S. Dollar) which such holder elects to have repaid and shall surrender such Note to the relevant Paying Global Agent. The applicable Registrar or , and the London Issuing AgentAgent or the Registrar, as the case may be, shall complete, authenticate and deliver to the holder of such Note, without service charge, a new Note or Notes in an aggregate principal amount equal to and in exchange for the unrepaid portion of the principal of the Note so surrendered and in such denominations as shall be specified by such holder, which shall be at least or as otherwise provided in the minimum authorized denomination as set forth in such Noteapplicable Note or required by applicable laws and regulations.
Appears in 1 contract
Sources: Agency Agreement (Mbna Corp)
Repayment of Notes. (a) In order for any Note, in accordance with its terms, to be repaid in whole or in part at the option of the holder thereofthereof prior to its stated maturity, such Note must be delivered by the holder thereof, with the form entitled “Option to Elect Repayment” (set forth in such Note) duly completed, to the relevant Global Agent or such other Paying Agent Agent, at the address set forth in such form, form or at such place or places of which the Bank shall from time to time notify the holders of the Notes, not more than 60 nor less than 30 days prior to the any date fixed for the such repayment of such Notes (the “Optional Repayment Date”).
(b) Upon surrender of any Note for repayment in accordance with the provisions set forth above and in such Noteabove, the Note to be repaid shall, on the Optional Repayment Date, become due and payable, and the Global Agent or the relevant Paying Agent shall pay or cause to be paid such Note on the Optional Repayment Date at a price, unless otherwise specified in such Note, equal to 100% of the principal amount thereof, together with accrued and unpaid interest to, but excluding, to the Optional Repayment Date.
(c) If less than the entire principal amount of any Note is to be repaid, the holder thereof shall specify the portion thereof (which shall be in increments of US$1,000 or the equivalent thereof in other currencies, or as otherwise provided in the applicable Note or required by the applicable laws and regulations for currencies other than the U.S. Dollar) which such holder elects to have repaid and shall surrender such Note to the relevant Paying Global Agent. The applicable Registrar or , and the London Issuing AgentAgent or the Registrar, as the case may be, shall complete, authenticate and deliver to the holder of such Note, without service charge, a new Note or Notes in an aggregate principal amount equal to and in exchange for the unrepaid portion of the principal of the Note so surrendered and in such denominations as shall be specified by such holder, which shall be at least or as otherwise provided in the minimum authorized denomination as set forth in such Noteapplicable Note or required by applicable laws and regulations.
Appears in 1 contract
Repayment of Notes. (a) In order for any Note, in accordance with its terms, to be repaid in whole or in part at the option of the holder thereof, such Note must be delivered by the holder thereof, with the form entitled “Option to Elect Repayment” (set forth in such Note) duly completed, to the relevant Paying Agent at the address set forth in such form, form or at such place or places of which the Bank shall from time to time notify the holders of the Notes, Notes not more than 60 nor less than 30 days prior to the date fixed for the repayment of such Notes (the “Optional Repayment Date”).
(b) Upon surrender of any Note for repayment in accordance with the provisions set forth above and in such Note, the Note to be repaid shall, on the Optional Repayment Date, become due and payable, and the relevant Paying Agent shall pay or cause to be paid such Note on the Optional Repayment Date at a price, unless otherwise specified in such Note, equal to 100% of the principal amount thereof, together with accrued and unpaid interest to, but excluding, the Optional Repayment Date.
(c) If less than the entire principal amount of any Note is to be repaid, the holder thereof shall specify the portion thereof (which shall be in increments of US$1,000 or the equivalent thereof in other currencies, or as otherwise provided in the applicable Note or required by the applicable laws and regulations for currencies other than the U.S. Dollar) which such holder elects to have repaid and shall surrender such Note to the relevant Paying Agent. The applicable Registrar London Issuing Agent or the London Issuing Agentapplicable Registrar, as the case may be, shall complete, authenticate and deliver to the holder of such Note, without service charge, a new Note or Notes in an aggregate principal amount equal to and in exchange for the unrepaid portion of the principal of the Note so surrendered and in such denominations as shall be specified by such holder, holder which shall be at least US$100,000 or an integral multiple of US$1,000 in excess thereof, or the minimum authorized denomination equivalent in other currencies (subject, in the case of Notes offered to persons within the European Economic Area, to such amount being at least the equivalent of €50,000), or as set forth otherwise provided, in such Notethe applicable Note or required by the applicable laws and regulations for currencies other than the U.S. Dollar.
Appears in 1 contract
Repayment of Notes. (a) In order for any Note, in accordance with its terms, to be repaid in whole or in part at the option of the holder thereofthereof prior to its stated maturity, such Note must be delivered by the holder thereof, with the form entitled “Option to Elect Repayment” (set forth in such Note) duly completed, to the relevant Global Agent or such other Paying Agent Agent, at the address set forth in such form, form or at such place or places of which the Bank Issuer shall from time to time notify the holders of the Notes, not more than 60 nor less than 30 days prior to the any date fixed for the such repayment of such Notes (the “Optional Repayment Date”).
(b) Upon surrender of any Note for repayment in accordance with the provisions set forth above and in such Noteabove, the Note to be repaid shall, on the Optional Repayment Date, become due and payable, and the Global Agent or the relevant Paying Agent shall pay or cause to be paid such Note on the Optional Repayment Date at a price, unless otherwise specified in such Note, equal to 100% of the principal amount thereof, together with accrued and unpaid interest to, but excluding, to the Optional Repayment Date.
(c) If less than the entire principal amount of any Note is to be repaid, the holder thereof shall specify the portion thereof (which shall be in increments of US$1,000 or the equivalent thereof in other currencies, or as otherwise provided in the applicable Note or required by the applicable laws and regulations for currencies other than the U.S. Dollar) which such holder elects to have repaid and shall surrender such Note to the relevant Paying Global Agent. The applicable Registrar or , and the London Issuing AgentAgent or the Registrar, as the case may be, shall complete, authenticate and deliver to the holder of such Note, without service charge, a new Note or Notes in an aggregate principal amount equal to and in exchange for the unrepaid portion of the principal of the Note so surrendered and in such denominations as shall be specified by such holder, which shall be at least or as otherwise provided in the minimum authorized denomination as set forth in such Noteapplicable Note or required by applicable laws and regulations.
Appears in 1 contract
Repayment of Notes. (a) In order for any Note, in accordance with its terms, to be repaid in whole or in part at the option of the holder thereof, such Note must be delivered by the holder thereof, with the form entitled “Option to Elect Repayment” (set forth in such Note) duly completed, to the relevant Paying Agent at the address set forth in such form, form or at such place or places of which the Bank shall from time to time notify the holders of the Notes, Notes not more than 60 nor less than 30 days prior to the date fixed for the repayment of such Notes (the “Optional Repayment Date”).
(b) Upon surrender of any Note for repayment in accordance with the provisions set forth above and in such Note, the Note to be repaid shall, on the Optional Repayment Date, become due and payable, and the relevant Paying Agent shall pay or cause to be paid such Note on the Optional Repayment Date at a price, unless otherwise specified in such Note, equal to 100% of the principal amount thereof, together with accrued and unpaid interest to, but excluding, the Optional Repayment Date.
(c) If less than the entire principal amount of any Note is to be repaid, the holder thereof shall specify the portion thereof (which shall be in increments of US$1,000 or the equivalent thereof in other currencies, or as otherwise provided in the applicable Note or required by the applicable laws and regulations for currencies other than the U.S. Dollar) which such holder elects to have repaid and shall surrender such Note to the relevant Paying Agent. The applicable Registrar London Issuing Agent or the London Issuing Agentapplicable Registrar, as the case may be, shall complete, authenticate and deliver to the holder of such Note, without service charge, a new Note or Notes in an aggregate principal amount equal to and in exchange for the unrepaid portion of the principal of the Note so surrendered and in such denominations as shall be specified by such holder, holder which shall be at least US$100,000 or an integral multiple of US$1,000 in excess thereof, or the minimum authorized denomination equivalent in other currencies (subject, in the case of Notes subject to the requirements of the Prospectus Directive, to such amount being at least €50,000), or as set forth otherwise provided, in such Notethe applicable Note or required by the applicable laws and regulations for currencies other than the U.S. Dollar.
Appears in 1 contract
Repayment of Notes. (a) In order for any Note, in accordance with its terms, Note to be repaid in whole or in part at the option of the holder Holder thereof, the Fiscal Agent must receive, at its Corporate Trust Office as set forth in Section 30(ii) hereof, or at such other address as the Bank shall notify the Holders of the Notes, at least 45 but not more than 60 days (unless otherwise provided in the relevant Pricing Supplement) prior to the date or dates specified in the Applicable Pricing Supplement on which such Note must may be delivered by the holder thereofrepaid (each an “Optional Repayment Date”), (i) such Note with the form entitled “Option to Elect Repayment” (set forth in such Note) on the reverse thereof duly completed, to or (ii) a telegram, telex, facsimile transmission or letter from a member of a national securities exchange or the relevant Paying Agent at National Association of Securities Dealers, Inc. or a commercial bank or trust company in the address set United States setting forth in such form, or at such place or places of which the Bank shall from time to time notify the holders name of the NotesHolder of such Note, the principal amount of such Note to be repaid, the certificate number and description of the tenor and terms of the such Note, a statement that the option to elect repayment is being exercised thereby and a guarantee that the Note to be repaid with the form entitled “Option to Elect Repayment” on the reverse thereof duly completed will be received by the Fiscal Agent not more later than 60 nor 5 Business Days after the date of such telegram, telex, facsimile transmission or letter. If the procedure described in clause (ii) of the preceding sentence is followed, then such Note and form duly completed must be received by the Fiscal Agent by such fifth Business Day. Any tender of a Note by the Holder for repayment shall be irrevocable. The repayment option may be exercised by the Holder of a Note for less than 30 days prior to the date fixed entire principal amount of such Note provided that the principal amount of such Note remaining outstanding after repayment is an authorized denomination. Upon a partial repayment, such Note shall be cancelled and a new Note or Notes for the repayment remaining principal amount thereof shall be issued in the name of the Holder of such Notes (the “Optional Repayment Date”)repaid Note.
(b) Upon surrender of any Note for repayment in accordance with the provisions set forth above and in such Noteabove, the Note to be repaid shall, on the applicable Optional Repayment Date, become due and payable, and the relevant Paying Fiscal Agent shall pay or cause to be paid such Note on the applicable Optional Repayment Date at a price, unless otherwise specified in such Note, price equal to 100% (i) in the case of the principal amount thereof, together with accrued and unpaid interest to, but excludingNotes other than OID Notes, the Optional repayment price set forth for such optional Repayment DateDate in the applicable Pricing Supplement plus interest, if any, accrued to the date of repayment, or (ii) in the case of OID Notes (other than an Indexed Note), the Amortized Face Amount thereof.
(c) If less than the entire principal amount of any Note is to be repaidrepaid only in part, the holder Holder thereof shall specify the portion thereof (which shall to be in increments of US$1,000 or the equivalent thereof in other currencies, or as otherwise provided in the applicable Note or required by the applicable laws and regulations for currencies other than the U.S. Dollar) which such holder elects to have repaid and shall surrender such Note to the relevant Paying Agent. The applicable Registrar or the London Issuing Fiscal Agent, as and the case may be, Fiscal Agent shall complete, authenticate and deliver to the holder Holder of such Note, without service charge, a new Note or Notes having identical terms and conditions in an aggregate principal amount equal to and in exchange for the unrepaid portion of the principal of the Note so surrendered and in such authorized denominations as shall be specified requested by such holder, which shall be at least the minimum authorized denomination as set forth in such NoteHolder.
Appears in 1 contract
Repayment of Notes. (a) In order Each Issuer hereby unconditionally promises to pay to the Administrative Agent for any Note, in accordance with its terms, to be repaid in whole or in part at the option account of the holder thereofPurchasers, such Note must be delivered by the holder thereof, with the form entitled “Option to Elect Repayment” (set forth in such Note) duly completed, to the relevant Paying Agent at the address set forth in such form, or at such place or places of which the Bank shall from time to time notify the holders unpaid principal amount of the Notes, not more than 60 nor less than 30 days prior to Notes issued by it then outstanding on the date fixed for the repayment of such Notes (the “Optional Repayment applicable Maturity Date”).
(b) Upon surrender Each Issuer shall pay the Administrative Agent, for the benefit of all Purchasers, its applicable portion of the Prepayment Premium MOIC Amount (if positive) in cash on the earlier of (x) the relevant Maturity Date and (y) the payment in full of the outstanding principal amount of the Notes (other than Supplemental Notes and Convertible Notes) (including upon an acceleration of the Obligations in respect of any Event of Default). The Prepayment Premium MOIC Amount shall be fully earned as of the date hereof, shall not be subject to offset and shall not be refundable for any reason whatsoever. Each Issuer shall pay the Administrative Agent, for the benefit of all Purchasers, its applicable portion of the Supplemental Note for repayment Make-Whole (if positive) in accordance with the provisions set forth above and in such Note, the Note to be repaid shall, cash on the Optional Repayment Date, become due and payable, and earlier of (x) the relevant Paying Agent shall pay or cause to be paid such Note on the Optional Repayment Maturity Date at a price, unless otherwise specified in such Note, equal to 100% of the Supplemental Notes and (y) upon the payment in full of the outstanding principal amount thereofof the Supplemental Notes (including upon an acceleration of the Obligations in respect of any Event of Default). The Supplemental Note Make-Whole shall be fully earned as of the date hereof, together with accrued shall not be subject to offset and unpaid interest to, but excluding, the Optional Repayment Dateshall not be refundable for any reason whatsoever.
(c) If less than For the entire principal amount avoidance of doubt, notwithstanding any other provision of any Note is to be repaid, the holder thereof shall specify the portion thereof (which shall be in increments of US$1,000 or the equivalent thereof in other currencies, or as otherwise provided in the applicable Note or required by the applicable laws and regulations for currencies other than the U.S. Dollar) which such holder elects to have repaid and shall surrender such Note to the relevant Paying Agent. The applicable Registrar or the London Issuing Agent, as the case may be, shall complete, authenticate and deliver to the holder of such Note, without service charge, a new Note or Notes in an aggregate principal amount equal to and in exchange for the unrepaid portion of the principal of the Note so surrendered Documents, the obligations of the Issuers under the Note Documents are several and in such denominations as not joint, and, without limitation, each Issuer shall only be specified liable to pay amounts or to perform obligations thereunder relating to the Senior Secured Notes issued by such holderit, which shall be at least without prejudice however to the minimum authorized denomination as set forth in such Noteprovisions of Article IX.
Appears in 1 contract
Sources: Note Purchase Agreement (Gauzy Ltd.)